I questioned officials from the Department of Home Affairs on the government’s failure to deport over 100,000 individuals who have no legal right to be here.
There are 101,976 individuals who were refused a protection visa and have yet to be deported. Some of these cases date back as far as 1994.
I highlighted a recent case where a South African man was raided and detained at dawn just 24 hours after his visa was cancelled. The government clearly has the capability to enforce our borders and laws. So why, out of over 100,000 people here illegally, did the government only involuntarily deport 5 people in a single month? That’s a 0.005% deportation rate.
When I asked for an honest explanation, Minister Watt did what he always does: he resorted to name-calling and labels to avoid the discussion.
Australians deserve an immigration system that actually enforces the law, not one that picks and chooses when to act while tens of thousands stay here illegally.
Transcript
Senator ROBERTS: I’d like to change the topic to deportation. According to your ‘Monthly update: onshore protection (subclass 866) visa processing – October 2025’, the total number of individuals that were not granted a final protection visa that have yet to be deported at the end of the period is 101,976. How many of those 101,976 rejected refugees or unlawful noncitizens are currently seeking merits or judicial review from a court or tribunal?
Ms Foster: We could go through that data for you. I’d just note, for the rest of the committee, that we just had a series of questions and that exact data was provided to the committee.
Senator ROBERTS: Okay. Should I just go through the Hansard? To save time, I’ll go through the Hansard.
CHAIR: Thank you, Senator Roberts.
Senator ROBERTS: Your reporting has a caveat that the 100,000 number includes anyone who has been rejected for a protection visa since 1994. Do you have any data on the distribution in terms of how old some of those applications were? For example, do you have any data on how many people have not been deported after being rejected for a protection visa more than five years ago or more than 10 years ago? How many are still lingering here?
Mr Thomas: We’ll have to take that on notice to get that breakdown for you.
Senator ROBERTS: You haven’t got that data?
Ms Foster: It’s to get the particular breakdown that you’re asking for and so that we can see if we can do it by year—year groups.
Senator ROBERTS: Okay. Thank you, Ms Foster. It would be appreciated if it’s done by year, because some people seem to be lingering forever. Do you have a breakdown of how many of the hundred thousand are included in the temporary visa stock data? I would assume anyone who is in the country illegally without a visa is not included in the 2.9 million, but I’d like a more specific number—on notice?
Mr Willard: On notice. I’d note that, in that temporary visa figure—that includes bridging visas. Many of these would be on bridging visas, but—
Senator ROBERTS: If you could break that down too, please—
Mr Willard: I’ll have to break it down.
Senator ROBERTS: Break that down. This is my last question, Chair. In November, a South African man whose visa was cancelled after attending a Neo-Nazi rally in Sydney was detained by immigration agents in a predawn operation, according to the media, and faces deportation. That was just one day after the visa cancellation by Minister Burke. I highlight that, as it shows that you obviously have the capability to raid houses, detain people in the dark and get them deported. But you don’t appear to be using it. Out of the more than 100,000 people here illegally, your October report says you involuntarily deported fewer than five that month. That’s a 0.005 per cent deportation rate. Why aren’t you raiding these houses and deporting people who have no legal right to be in Australia?
Senator Watt: I thought you said earlier that you don’t associate with Neo-Nazis, but you seem very concerned about the fact that the government decided to deport one.
Senator ROBERTS: So you’re hiding from a discussion—an honest discussion—by labelling me?
Senator Watt: No, no. I’m happy—
Senator ROBERTS: Minister Watt, you’re making this a habit.
Senator Watt: I’m happy—
Senator ROBERTS: If you haven’t got the data and you haven’t got the logic behind it, just say so, and we’ll get it on notice.
Senator Watt: I’m happy for the officials to answer your question.
Senator ROBERTS: Good.
Senator Watt: I’m just a bit perplexed about why, on the one hand, you say you don’t associate with Neo Nazis but you seem very concerned about a Neo-Nazi being deported.
Senator ROBERTS: Labels are the refuge of the ignorant, the incompetent, the fearful—
Senator Watt: You called them a Neo-Nazi. You just called them a Neo-Nazi.
Senator ROBERTS: Correct. That’s what the media called them. So does that make me a Neo-Nazi because I’m discussing—
Senator Watt: I’m not saying you’re a Neo-Nazi. I’m just questioning—
Senator ROBERTS: But you’re implying it, Senator.
Senator Watt: No, I said earlier that you didn’t seem to be very happy when I said that you associate with Neo-Nazis—
Senator ROBERTS: Because what you said was not correct.
Senator Watt: and other extremists, but here you are, asking about the deportation of a Neo-Nazi.
Senator SCARR: Point of order, Chair.
Senator ROBERTS: Labels are the refuge of the ignorant, the incompetent, the dishonest, the fearful, the stupid and the gutless.
CHAIR: There is a point of order.
Senator Watt: Thank you for that free character assessment, Senator Roberts.
Senator SCARR: Chair, please return us to some order—questions being asked and answers being given.
CHAIR: Thank you for that very helpful direction, Senator Scarr. If we can proceed in an orderly question and-answer fashion, that would be of much help to the committee.
Senator ROBERTS: I’m happy to do that.
Ms Foster: Senator Roberts, we provided some data in response to the previous questioning about the numbers of people who are removed each year. If it would be helpful, we could quickly reprise that data.
Senator ROBERTS: What I’d like, Ms Foster, is to know why one person, regardless of who he or she is, was able to be detained in the middle of the night, their house raided, but the other 102,000 were not.
Senator Watt: What makes you think that no others were treated similarly?
Senator ROBERTS: Well, in the answer to my question, perhaps you could tell me.
Senator SCARR: Point of order, Chair.
Senator ROBERTS: My answer is—
CHAIR: There is a point of order.
Senator Watt: Well, you make—
Senator SCARR: Questions are being asked now by the minister of members of the committee. Again, can I ask that we return to orderly—
Senator Watt: Well, okay. There’s a simple reason for that.
Senator SCARR: Sorry, can I finish my point of order.
Senator ROBERTS: These are simple questions, Minister.
Senator SCARR: Can I finish my point of order.
Senator ROBERTS: They’re very simple.
CHAIR: Senator Scarr, yes, you can finish your point.
Senator SCARR: We’re running out of time. Can I just ask, Chair, that we return to the orderly process of questions coming from the committee members and being answered by the representatives at the table.
CHAIR: Thank you.
Senator Watt: May I make a point of order.
CHAIR: Can I respond.
Senator Watt: Sure.
CHAIR: It’s within the rules for the minister to respond to questions being asked by senators, but I would encourage the minister to answer the question rather than pose one.
Senator Watt: Sure. I’ll frame this not by asking a question. Senator Roberts has just suggested that the government has chosen to deport one person, who participated in a Neo-Nazi rally, and has suggested that the government does not deport—was it 102,000 other people?
Senator ROBERTS: Yes. Why can’t you do the same—
Senator Watt: I’d be interested to know what evidence Senator Roberts has for that suggestion.
Senator ROBERTS: Your answer will be sufficient.
Senator Watt: I’m disputing your suggestion.
Senator ROBERTS: Okay, then give me the data. That’s all I’m after, Minister—the data.
Senator Watt: You’re not very good at listening to data when it’s presented to you, Senator Roberts.
Senator ROBERTS: Thank you for the judgement on my questions. It’s now very, very clear what I’m requesting from you.
Senator Watt: Perhaps the officials could advise you with some facts, if you’re ready for that, about whether the government does deport other individuals rather than one neo-Nazi.
Senator ROBERTS: No, that’s not my question. That’s not my question, Chair. My question is: why don’t you raid other people’s houses and get them out of the country as well?
Senator Watt: This is the point. You’re suggesting that doesn’t occur. Would you like facts?
Senator ROBERTS: Yes, I would—the number of people raided.
CHAIR: In a second, I will invite the officials to respond to your question, Senator Roberts, but I am going to call final question for you, before I need to rotate the call.
Senator ROBERTS: That is my final question.
Ms Sharp: Senator, for the first three months of this financial year, 943 people were involuntarily removed from immigration detention. In many instances, they would have been detained from their home prior to being placed in immigration detention and then removed. In the previous financial year, we had 3,457 involuntary removals from immigration detention.
Senator ROBERTS: Thank you very much, Ms Sharp. Can you tell me the number of houses that were raided and people detained, on notice?
Ms Foster: In many cases, in fact, most cases, those people were in the community, and were detained by Border Force officers, and then taken into detention in order to be removed.
Senator ROBERTS: Could you tell me the number, please?
Ms Foster: We can have a look at that.
Senator ROBERTS: Thank you very much. I found that easy in the end, thank you.
Senator Watt: I look forward to you using those facts, Senator Roberts.

